Armsgate: Again, Dasuki loses attempt to stop his trial

For the second time, a Federal Capital Territory High Court, sitting at Maitama, Abuja has dismissed a request by the immediate past National Security Adviser (NSA), Sambo Dasuki to stop his trial. The court held that his application lacked merit.

In the application, Dasuki had sought the court for an order prohibiting the Federal Government and any of its agencies from further pros­ecuting him on the alleged di­version of public funds meant for the procurement of arms for the military or seeking any form of indulgence before any court in the country, until the order admitting him to bail was obeyed.

He also asked for an order acquitting him of all the of­fences contained in the charge on ground that the charge cannot lawfully be prosecuted by a government that is in bra­zen contempt of a lawful court order.

Alternatively, Dasuki urged the court for an order staying further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order granted him.

But the trial judge, Justice Peter Affen in his ruling on the application cited Section 221 and 396 (2) of the Admin­istration of Criminal Justice Act (ACJA), in his opinion said that it is of common knowledge that Dasuki was re-arrested upon perfecting his bail condition

It will be recalled that Jus­tice Yusuf Baba of another Federal High Court had also dismissed a similar applica­tion filed by Dasuki in which the court held that the Depart­ment of State Service (DSS) never disobeyed any court order in rearresting him.

Similarly, Justice Affen opined that it is common knowledge that Dasuki was rearrested upon perfecting his bail conditions, adding that even if the respondent (EFCC) was in contempt of court, it does not give the court the power to discharge Dasuki of the criminal charges levelled against him.

He held that the court did not make any order barring any other agency of govern­ment from arresting Dasuki for further investigation as regards the matter or any other one that might come up, to which the court averred that for the issue of contempt of court to be raised, there must be substantial evidence to prove that an order of the court has been disobeyed.

As such, the court dis­missed the application for want of merit and adjourned the suit till April 20 and 22, 2016 for trial.